HomeMy Public PortalAboutCase 502014CA008076 7/3/14*IN THE CIRCUIT COURT OF THE
15" JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
MARTIN E. O'BOYLE,
Plaintiff,
V.
THE TOWN OF GULF STREAM,
Defendant.
THE STATE OF FLORIDA
To Each Sheriff of the State:
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502014 CA 008076 XXXXMB
CASE NO.:
SUMMONS
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YOU ARE COMMANDED to serve this summons and a copy of the complaint in this law-
suit on defendant:
Town of43u f-Stream- Gc11-�s4i -earn
100 Sea Road
Gulf Stream, FL 33483
Each defendant is required to serve written defenses to the complaint or petition on Martin E.
O'Boyle, whose address is 1280 West Newport Center Drive, Deerfield Beach, Florida 33442,
within 20 days after service of this summons on that defendant, exclusive of the day of service,
and to file the original of the defenses with the clerk of this court either before service on
plaintiff or immediately thereafter. If a defendant fails to do so, a default will be entered against
that defendant for the relief demanded in the complaint or petition.
DATED on J e 4, 2014 r. UL 012014
't-I HUIv ri.13OCK
Clerk& Comptroller
By: k- ayj�
Clerk of the Court
Robin Pender
PREPARED WITH ASSISTANCE OF
COUNSEL
Martin E. O'Boyle, as Pro Se Plaintiff
1280 West Newport Center Drive
Deerfield Beach, Florida 33442
Telephone: (954.) 570 -3505
SHARON R. BOCK
Clerk & Comptroller
P.O. Box 4667
West Palm Beach, Florida
33402 -4667
IN THE CIRCUIT COURT OF THE
15`h JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
MARTIN E. O'BOYLE,
Plaintiff,
V.
THE TOWN OF GULF STREAM,
Defendant.
THE STATE OF FLORIDA
To Each Sheriff of the State:
Iff
SO 2014 CA 0 0 8 0 7 6 XXXX MB
CASE NO.:
SUMMONS
YOU ARE COMMANDED to serve this summons and a copy of the complaint in this law-
suit on defendant:
Town of 6alf£tream Gul-lPSfreaM
100 Sea Road
Gulf Stream, FL 33483
Each defendant is required to serve written defenses to the complaint or petition on Martin E.
O'Boyle, whose address is 1280 West Newport Center Drive, Deerfield Beach, Florida 33442,
within 20 days after service of this summons on that defendant, exclusive of the day of service,
and to file the original of the defenses with the clerk of this court either before service on
plaintiff or immediately thereafter. If a defendant fails to do so, a default will be entered against
that defendant for the relief demanded in the complaint or petition.
DATED on June 24, 2014VUL 012014
im
SHARUN R. SOCK
Clerk& Corgptroller
Robin Fender
Clerk of the Court
PREPARED WITH ASSISTANCE OF
COUNSEL
Martin E. O'Boyle, as Pro Se Plaintiff
1280 West Newport Center Drive
Deerfield Beach, Florida 33442
Telephone: (954) 570 -3505
Moboyle @commerce- group.com
SHARON R. BOCK
Clerk & Comptroller
P.O. Box 4667
West Palm Beach, Florfda
33402 -4667
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND D
FOR PALM BEACH COUNTY, FLORIDA A A
MARTIN E. O'BOYLE �/V p�
Pro Se y�W IQj 0 ! 7 6 i�KAA NO
Plaintiff, CASE NO.: COPY
V. RECEIVED FOR FILING
THE TOWN OF GULFSTREAM, JUL -1 2014
SHARON R. BOCK
Defendant. CLERK & COMPTROLLER
CIRCUIT CIVIL UVISION
VERIFIED COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND
FOR DECLARATORY AND INJUNCTIVE
The Plaintiff, Martin E. O'Boyle, ( "Plaintiff'), by and through the undersigned counsel,
hereby sues The Town of Gulfstream. ( "Defendant ") and states:
1. This action concerns the Defendant's violation of Plaintiffs civil rights pursuant to
Article I, § 24 of the Florida Constitution and Chapter 119, Florida Statutes, (the "Public Records
Act ").
2. This action seeks declaratory and equitable relief.
3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its
constitutional and statutory duty to permit access to public records, and compelling the
Defendant to provide access to the requested public records, and awarding Plaintiff attorney's
fees and costs. Additionally, Plaintiff requests this matter be expedited, upon motion by Plaintiff,
pursuant to § 119.11 (1), Florida Statutes.
1
PARTIES, JURISDICTION AND VENUE
4. Plaintiff Martin E. O'Boyle is a citizen of Florida who resides in the Town of
Gulfstream Florida.
5. Defendant is a Florida municipal government and at all times relevant hereto is an
"agency" as that term is defined in § 119.011(2), Fla. Stat.
6. This Court has subject matter jurisdiction pursuant to Article V, § 5(b) of the Florida
Constitution, and §119.11, Fla. Stat.
7. This Court is the appropriate venue for the vindication of the Plaintiff's civil rights
because the Defendant is seated in Palm Beach County.
8. All conditions precedent to this action have occurred or have been excused or waived.
FACTS RELEVANT TO ALL COUNTS
9. On June 6, 2014, Plaintiff, a real- estate developer, wrote the Defendant's Town
Manager William H. Thrasher a letter (the "Sober House Letter") inquiring whether the
Defendant required special permitting or approvals before the developing housing for people
with disabilities. Specifically, housing for persons afflicted with and recovering from substance
abuse disabilities. This type of housing is commonly referred to as Sober Housing or Sober
Homes within the Palm Beach County area. This Sober House Letter is attached as Exhibit A.
10. The Defendant was anxious about Mr. O'Boyle's inquiry and on June 13, 2014, the
Defendant passed an emergency ordinance regarding Sober Housing, without meaningful
advance notice, or any notice at all. The June 131h, 2014 agenda for the Defendant's commission
meeting was published on the Town's website on June 6`h, 2014, and made no mention of a
Sober House ordinance. That document is attached as Exhibit B and the Emergency Ordinance
is attached as Exhibit C.
11. On June 12, 2014, the Plaintiff received an email from Craig D. Earnhart, a citizen of
the Town of Gulfstream. Mr. Earnhart alerted the Plaintiff that he received a copy of Plaintiff s
June 6°i letter to Town Manager Thrasher and that the Sober House Letter was the basis for his
concern. The Earnhart email is attached as Exhibit D.
12. On June 14, 2014, the Plaintiff received another email from an F. Gordon Kraft, a
citizen of the Town of Gulfstream upon information and belief, expressing displeasure with the
idea of building Sober Housing in Gulfstream — again referring to the Sober House Letter. An
email exchange between the two took place over several days. During the course of those
communications Mr. Kraft alerted the Plaintiff that he had received the Sober House Letter from
his wife. When the Plaintiff asked if he could have a copy of the email to see its origin, Mr.
Kraft replied, "My wife has deleted her email, but said it came from the town as it was
apparently a `public record email. "' Mr. Kraft continued, addressing the Plaintiff in the second
person, "you should not be surprised that the Town would immediately alert all of the principles
of those organizations [referring to private clubs including the Gulfstream Civic Association]
that something was happening in this arena." The Kraft - Plaintiff exchange of emails is attached
as Exhibit E.
13. At this point, Plaintiff believed he had more than probable cause to believe that the
Town was disseminating his Sober House Letter in a smear campaign effort.
14. On June 17'h, 2014, Plaintiff made a public records request to the Defendant, under
Chapter 119 of Florida Statutes & the Florida Constitution, stating, "[p]lease provide a copy of
all public records, including E -Mails and other communications, pursuant to which the attached
letter was disseminated." The attached letter was the Sober House Letter. On June 19, 2014, the
Defendant responded to Plaintiffs public records request. Plaintiffs request asked for public
records as that term is used and defined in Chapter 119, Florida Statutes, including § 119.011(12)
Fla. Stat. and Art. I, § 24(a) of the Florida Constitution. The Plaintiff's request and the
Defendant's response is attached as Exhibit F.
15. The Defendant alerted the Plaintiff that Town Manager Thrasher hand delivered a
memo (the "Sober House Memo ") to the Town commissioners and to Defendant's special
counsel, Robert Sweetapple, Esq. The Sober House Memo is attached as Exhibit G and the
email to Mr. Sweetapple containing the Sober House Memo Exhibit H.
16. The Defendant also advised Plaintiff that 2 unknown persons received copies of the
Sober House Letter via verbal public record request.
17. Plaintiff has personal knowledge that the Defendant receives verbal public records
requests. Plaintiff finds it suspicious that the Sober House Letter was sent only to Mr.
Sweetapple and not to the Town Attorney John C. Randolph of Jones Foster. Plaintiff also finds
it suspicious that Mr. Kraft suggested that the Defendant was disseminating the Plaintiffs Sober
House Letter, yet the Town has no record of email dissemination to the public except those
referenced in Exhibit G and H.
COUNT I — UNLAWFUL WITHHOLDING OF PUBLIC RECORDS
18. Plaintiff re- alleges and incorporates by reference the above numbered paragraphs 1
through 17 as if fully alleged herein.
19. Defendant, as an agency defined in § 119.011(2), Fla. Stat. owes a duty to allow
access to any person to all public records within its control pursuant to Fla. Stat. § 119.01(1)
unless specifically exempted by the Florida Constitution.
10
20. Defendant violated its duty when it refused to provide Plaintiff with copies of the
requested records in violation of Article I, §24 of the Florida Constitution §119.07(1)(a), Fla
Stat. and well - established case law.
21. The records Plaintiff requested are not exempted under Florida's Public Records Act.
22. The Defendant cited no statutory exemption applicable to the requested records.
23. Defendant's refusal to provide Plaintiff s representative copies of the requested
records constitutes an unlawful withholding or refusal of access as contemplated by Florida's
Public Records Law.
24. Although the Defendant partially responded, the Plaintiff believes that the
25. The denial of public records constitutes an irreparable harm and Defendant's conduct
suggests a likelihood of future harm.
RELIEF REQUESTED
WHEREFORE, Plaintiff prays this Court:
(a) Set an immediate hearing pursuant to § 119.11, Florida Statutes;
(b) Declare that the Defendant's failure to provide Plaintiff with all public records
responsive to Plaintiff's request was unconstitutional and unlawful under Article I, § 24
of the Florida Constitution and the Public Records Act;
(c) Order the Defendant to produce all records responsive to Plaintiffs public records
request;
(d) Enjoin the Defendant from denying access to records which are subject to the
Public Records Act:
(e) Award Plaintiff its reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in § 119.12, Florida Statutes; and
(fl Grant such further relief as the Court deems proper.
Dated: _June 24, 2014
0
Respectfully submitted,
PREPARED WITH ASSISTANCE OF.
COUN EL
T E O'BOYLE, as Pro Se Plaintiff
Martin E. O'Boyle
1280 West Newport Center Drive
Deerfield Beach, FL 33442
Telephone: (954) 570 -3505
moboyle(@,commerce-aouD.com
VERIFICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared Joel Chandler, who, being
first duly identified and swom, deposes and says that this VERIFIED COMPLAINT is based
on records and information known to him, and is true and correct to the best of his knowledge,
information, and belief.
By: V
Name: Martin E. O'Boyle
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
Sworn to, affirmed, and subscribed before me this _ day of , 2014 by Joel
Chandler.
NOTARY PUBLIC STATE OF
Sign
Print:
• ZT—of F1 OIMY>fEFNIfANALY
ZNotary PulNe • DO of Fbrlds
MY Comm. Exp ires Apr 7.2011
Commission • FF 104110
Please indicate: Personally Known: 0
Type of Identification Produced:
Exhibit A
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William H. Thrasher, Town Manager
June 6, 2014
Page 2
accountable for any damages which we incurred as a result of purposeful
delays.
Sincerely yours,
COMMERCE GROUP, INC.
Martin E. O'Bl6yle
President
cc: William F. Ring, Jr., Esquire — E -Mail
P /NPR /SOBERHOUSESGULFSTREAM
Exhibit B
June 6, 2014
MAYOR: Scott W. Morgan
VICE MAYOR: Robert W. Ganger
COMMISSIONER: Joan K. Orthwein
Thomas M. Stanley
Donna S. White
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, JUNE 13, 2014 AT 9:00 A.M.
I.N THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Regular Meeting of May 9, 2014
B. Workshop.Meeting of May 9, 2014
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. July 11, 2014 @ 9 A.M.
2. August 8, 2014 @ 9 A.M.
3. September 12, 2014 @ 9 A.M.
4. October 10, 2014 @ 9 A.M.
5. November 14, 2014 @ 9 A.M.
6. December 12, 2014 @ 9 A.M.
VII. Communications.
A. Requests
1. Report on 2014 Legislative Session - Senator Sachs
2. From Residents (5 min. maximum)
VIII. PUBLIC HEARING
A. Applications for Development Approval
1. An application submitted by Mark Marsh, Bridges, Marsh &
Associates, as agent for Robert M. Gardiner owner of
property located at 530 Old School Road, Gulf Stream,
Florida, legally described as Lot 8, Block 3, Plat No. 1
Polo Fields Subdivision for the following:
a. SPECIAL EXCEPTION 1 to permit the addition of a 253
sq. ft. bedroom to an existing home that encroaches
approximately 3.5 ft. into the east side setback.
b. SPECIAL EXCEPTION 2 to permit the addition of a 253
�Vy sq. ft. bedroom to an existing home that extends
approximately 5 ft. into the rear waterfront setback'
in the Core Design District.
C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
construction of a 253 sq. ft. bedroom addition to an
existing non- conforming Bermuda style, one -story,
single family dwelling at the location described
herein.
IX. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
B. Town Manager
AGENDA CONTINUED
_. Architectural Review 5 Planning Board
1. Meeting Dates
a. June 26, 2014 @ 8:30 A.M.
b. July 24, 2014 @ 8:30 A.M.
c. There is no meeting in August
d. September 25, 2014 @ B:30 A.M.
e. October 23, 2014 @ 8:30 A.M.
D. Finance Director
1. Financial Report for May 2014
2. Water Usage as of May 31, 2014
E. Police Chief
1. Activity for May 2014
Items for Commission Action.
A_ Adjustment of Positions on ARPB
B. Items by Mayor and Commissioners
XI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. F.S.S. 286..0105
Exhibit C
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, PROVIDING AN AMENDMENT TO CHAPTER
66, ZONING; ARTICLE I, IN GENERAL; TO INCLUDE A .
NEW SECTION, SECTION 66 -11, PROVIDING FOR
REASONABLE ACCOMMODATION PROCEDURES
PURSUANT TO THE FAIR HOUSING AMENDMENTS ACT
AND TITLE II OF THE AMERICANS WITH DISABILITIES
ACT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, "reasonable accommodation" is a statutorily established method by
which an individual who is disabled and /or handicapped (as those terms are defined in
Title II of the Americans with Disabilities Act and /or the Fair Housing Amendments Act,
hereafter "disabled'), or a provider of services to the disabled qualifying for reasonable
accommodations under the referenced statutes, can request a modification or alteration
in the application of a speci;lc Code provision, rule, policy, or practice, to them. The
proposed accommodation sought by the disabled individual must be reasonable and
necessary to afford such person an equal opportunity to use and enjoy housing; and
WHEREAS, the Town hereby desires to adopt within the Town's Code of
Ordinances reasonable accommodation procedures that will permit disabled individuals
(or qualifying entities) to'request reasonable accommodations and, where appropriate
based on the facts and law, to receive reasonable accommodations; and
WHEREAS, the Town intends these reasonable accommodation procedures to
be applicable to the Town's ordinances, rules, policies, practices, and services so as to
afford a disabled person an equal opportunity to use and enjoy a dwelling.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning; Article I, In General; to include a new section, Section
66 -11, Reasonable accommodation procedures, to read as follows:
"Chapter 66
ZONING
ARTICLE I. IN GENERAL
Sec. 66 -11. Reasonable Accommodation Procedures.
(1) This section implements the policy of the Town of Gulf Stream
for processing of requests for reasonable accommodation to Its
ordinances, rules, policies, and procedures for persons with
disabilities as provided by the federal Fair Housing
Amendments Act (42 U.S.C. 3601, at seq.) ("FHA") and Title q
of the Americans with Disabilities Act (42 U.S.C. Section 12131
at seq.) ("ADA "). For purpose's of this section, a "disabled"
individual -or person is an individual that qualifies as disabled
and /or handicapped under the FHA and /or ADA. Any person
who is disabled (or qualifying entities) may request a reasonable
accommodation with respect to the Town's land use or zoning
laws, rules, policies, practices and /or procedures as provided by
the FHA and the ADA pursuant to the procedures set out in this
section.
(2) A request by an applicant for reasonable accommodation under
this section shall be made in writing by completion of a
reasonable accommodation request form, which form is
maintained by (and shall be submitted to) the Town Clerk. The `
reasonable accommodation forth shall contain such questions
and requests for information as are necessary for processing
the reasonable accommodation request. The reasonable
accommodation request form shall be substantially in the form
setforth in subsection (10) below. % -�
do 1
jA1 (3) Should the information provideny the disabled' individual to the
Town include medical information or records, including records
Indicating the medical condition, diagnosis or medical history of
the disabled individual, such individual may, at the time of
submitting such medical information, request that the Town, to
the extent allowed by law, treat such medical information as
confidential information of the disabled individual. The Town
shall thereafter endeavor to provide written notice to the
disabled individual, and /or their representative, of any request
received by the Town for disclosure of the medical information
or documentation which the disabled individual has previously
requested be treated as confidential by the Town. The Town will
cooperate with the disabled individual, to the extent allowed by
law, in actions initiated by such individual to oppose the
disclosure of such medical information or documentation, but
the Town shall have no obligation to initiate, prosecute or
pursue any such action, or to incur any legal or other expenses
(whether by retention of outside counsel or allocation of internal
resources) in connection therewith, and may comply with any
judicial order without pribr notice to the disabled individual.
(4) The Town Manager, or his /her designee, shall �e the
ua thorny o consr er and act on reouests for reasanebte
accommodation, after notice and public hearing to receive
comments, input and information from the public (provided,
however, the Town Manager or designee shall not be required
to render their decision at said public hearing). When a
Ord wm No. — Page 2 of 6
reasonable accommodation request form has been completed
and submitted to the Town. Clerk it will be referred to the Town
Manager, or designee, for review and consideration. The Town
Manager, or designee, shall issue a written determination within
45 days of the date of receipt of a completed application and
may, in accordance with federal law: (a) grant the
accommodation request; (b) grant a portion of the request and
deny a portion of the request, and /or impose conditions upon
the grant of the request; or (c) deny the request, in accordance
with federal law. Any such denial shall be in writing and shall
state the grounds therefor. All written determinations shall give
notice of the right to appeal. The notice of determination shall be
sent to the requesting party (i.e. the disabled individual or
his/her representative) by certified mail, return receipt
requested. If reasonably necessary to reach a determination on
the request for reasonable accommodation, the Town Manager,
or designee, may, prior to the end of said 45 -day period, request
additional information from the requesting party, specifying in
sufficient detail what Information is required. The requesting
party shall have 15 days after the date of the request for
additional information to provide the requested information. In
the event a request for additional information is made, the 45-
day period to issue a written determination shall no longer be
applicable, and the Town Manager, or designee, shall issue a
written determination within 30 days after receipt of the
additional information. If the requesting party falls to provide the
requested additional information within said 15 -day period, the
Town Manager, or designee, shall issue a written notice
advising that the requesting party had failed to timely submit the
additional information, and therefore the request for reasonable
accommodation shall be deemed abandoned and /or withdrawn
and no further action by the Town with regard to said
reasonable accommodation request shall be required.
(5) In determining whether the reasonable accommodation request
shall be granted or denied, the regues� Shalt. -be
required to establish that they are protected under the FHA
and o%r Demonstrating that they, or the party they
represent, are handicapped or disabled, as defined in the FHA
and /or ADA. Although the definition of disability is subject to
judicial interpretation, for purposes of this section the disabled
individual must show: C) a physical or mental impairment which
substantially limits one or more major lire activities; (iq a record
of having such impairment; or (ill) that they are regarded as
having such impairment. Next, the requesting party will have to
demonstrate that the proposed accommodations being sought
are reasonable and necessary to afford handicapped/disabled
persons equal opportunity to use and enjoy housing. The
foregoing (as interpreted by the Courts) shall be the basis for a
decision upon a reasonable accommodation request made by
the Town Manager, or designee, or by the Town Commission in
the event of an appeal.
(6) Within 30 days after the Town Manager's, or designee's,
determination on a reasonable accommodation request Is
mailed to the requesting party, such applicant may appeal the
decision. All appeals shall contain a statement containing
sufficient detail of the grounds for the appeal. Appeals shall be
to the Town Commission who „shall, after_public notice and a
public hearing, render a determination as soon as reasonably
Ordinance No. - Page 3 of 6
practicable, but in no event later than 60 days after an appeal
has been filed.
(7) There shall be no fee imposed by the Town in connection with'a
request for reasonable accommodation under this section or an
appeal of a determination on such request to the Town
Commission, and the Town shall have no obligation to pay a
requesting party's (or an appealing party's, as applicable)
attorneys' fees or costs in connection with the request, or an
appeal.
(6) While an application for reasonable accommodation, or appeal
of a determination of same, is pending. before the Town, the
Town will not enforce the subject zoning ordinance, rules,
policies, and procedures against the applicant.
(9) The following general provisions shall be applicable:
(a) The Town shall display a notice in the Town's public
notice bulletin board (and shall maintain copies available
for review in the Town Clerk's office), advising the public
disabled individuals (and qualifying entities) may request
reasonable accommodation as provided herein.
(b) A disabled individual may apply for a reasonable
accommodation on his /her own behalf or may be
represented at all stages of the reasonable
accommodation process by a person designated by the
disabled Individual.
(c) The Town shall provide such assistance and
accommodation as is required pursuant to FHA and ADA
in connection with a disabled person's request for
reasonable accommodation, including, without limitation,
assistance with reading application questions,
responding to questions, completing the form, filing an
appeal, and appearing at a hearing etc. to ensure the
process is accessible.
(10) Reasonable accommodation request form:
1. Name of Applicant
2. Telephone Number.
3. Address:
4. Address of housing or other location at which
accommodation is requested:
5. Describe qualifying disability or handicap:.
6. Describe the accommodation and the specific
regulation(s) and or procedure(s) from which
accommodation is sought
7. Reasons the reasonable accommodation may be
necessary forthe individual with disabilities to use
and enjoy the housing or other service:
ordinance No. — Page 4 of 6
8. Name address and telephone number of
representative if applicable:
9. Other information:
10. Signature of Disabled Individual or Representative, if
applicable, or Qualifying Entity.
Date:
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Gulf Stream.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED as an emergency Ordinance in a regular, adjourned
session on first reading this 13th day of June, 2014.
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ort➢nme No. — Page 5 of 6
ATTEST:
Clerk
p:Wea11314TOBB011dWljkB212doc
Ordinance ND. - Page 6 Of 6
Exhibit D
From: Marty O'Boyle
Sent: Thursday, June 12, 2014 8:03 PM
To: Craig D. Earnhart
Subject: Re: PROPOSED SOBER HOUSES- GULF STREAM
Craig- kindly call me
561 - 213 -3486
Sent from my HTC
- -- Reply message - --
From: "Craig D. Earnhart" <cdelaw@ be] Isouth.net >'
To: "Marty O'Boyle" <mobovle @commerce -grouo com>
Subject: PROPOSED SOBER HOUSES- GULF STREAM
Date: Thu, Jun 12, 2014 7:05 PM
Good evening Mr. O'Boyle:
I just received a copy of your June 6, 2014 email to Gulf Stream Town Manager, William
Thrasher, advising of your plan to "forthwith" begin acquiring houses in Gulf Stream for
use as Sober Houses.
I would like for you to know that during your recent campaign for a seat on the Gulf
Stream Town Commission I acquired a great deal of admiration and respect for you,
spent an evening at your lovely home getting to know you and discussing your goals
and vision for improving Gulf Stream, and actively campaigned for you. At that time I
was convinced that your motives were all noble, and that you truly wanted to do only
good and productive work for our town. Your proposed Sober House plan says
otherwise.
Certainly you know that opening and operating Sober Houses in the Town of Gulf
Stream can do nothing but bring down property values, and would be strongly opposed
by not only the city officials, but also virtually all of the residents of our quaint little town.
I find it difficult to believe that your.motives are purely philanthropic in nature. Since you
clearly don't need the money possibly generated from this proposed plan, I can
therefore only assume that your motives are purely vindictive and retaliatory in nature.
This leads me to question my own naivety in buying into your.campaign promises of
Wanting only the best for our town.
I only hope that your letter was intended for shock value or an idle threat, perhaps sent
out in a Ft of rage; or perhaps even meant as a joke. If you are truly sincere in your
Sober House plan, I fear that you will swiftly lose the respect and support of those like
me who came to believe so strongly in you during the recent campaign. Maybe that
doesn't mean much to you, but it seems to me tragic that you would be willing to forfeit
your hard- earned honor in such an act of spite.
I am happy to hear from you on this before coming to any conclusions.
Sincerely,
Craig
Craig D. Earnhart
2755 Cardinal Circle
Gulf Stream, FL 33483
Exhibit E
From: Gordon Kraft rmallto:slotggrdon(5)aol.com1
Sent: Tuesday, June 17, 2014 2:33 PM
To: Marty O'Boyle
Subject: Re: Sober Houses - Gulf Stream by Gordon Kraft
Mr. O'Boyle:
The reason I have a copy of your letter to Mr. Thrasher is that my wife emailed it to me with only her
name as history.
1 believe you are developing the paranoia now. As I indicated, the distribution of your email to interested
parties was to see what if any approach the town might have to forestall the introduction of Sober Houses
into our community. While you have indicated a possibilityof being involved, the focus is more on the
Issue as opposed to you directly.
As far as coffee is concerned, I will not be back in Florida until November. As an aside I never learned
how to drink it.
F. Gordon Kraft
-- Original Message- -
From: Marty O'Boyle <mobovle(o)commerce- grouo.com>
To: Gordon Kraft <slotgordon(a�aol.com>
Sent: Tue, Jun 17, 2014 8:11 am
Subject: RE: Sober Houses - Gulf Stream by Gordon Kraft
Gordon — thank you for your email. I much appreciate your candor.
The above aside, please see the following comments:
Whether I decide to participate as a consultant for a Sober House Operator
gives no one the right to commence a smear campaign. A Sober House is an
enterprise that everyone in Gulf Stream could fight (although I think they will lose —
as it is ADA protected). I am an individual. I have no problem with the people bad
mouthing Sober Houses, I do have a problem when it oozes over to me and my
family. I hope you understand. This situation is no different than a lawyer
representing a criminal. Fight the crime — not the lawyer.
Gordon, you have my word that I have still not decided to take on the Sober
House Assignment. I continue to struggle with it. Having said that, if I do decide to
accept it, I will let you know. Absent hearing from me means I "took a pass ".
Once again, I appreciate your candor
PS: I will make a Public Records Request for your wife's email.. If I get it, great, if I don't, I have
to come back to you, If she deleted it, it should be in here deleted box. Alternatively, it is
certainly available as metadata. I assume that although she asserts deleting the email that she
retained the attachment (as your email below demonstrates). I think if you could come around
behind me and look over my shoulder and see what I see, your perspective would change. No
one who make a query about a legal matter should be chased by.a posse. I point out that when
I woke up this morning, I was in America.
Gordon — your comments are insightful and appreciated (not to mention now received). Are you
willing to help me and the 122 others address what needs to be addressed in Gulf Stream? We
could sure use your help. I believe that our overall goals are the same.
If you get a chance, look at the video's of the Commission Meetings under "AgendaslMinutes"
Lastly, is it time for us to have a coffee? I'd enjoy that very much. Let me know an thank you,
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954 - 570 -3505
Fax: 954 - 360 -0807
Cell: 561 213 3486
E -mail: moboyleCcDcommerce -aroup com
Web Page: www.commerce-ar—oup.com
From: Gordon Kraft fmalito:slotaordon(aa aol.coml
Sent: Monday, June 16, 2014 8:08 PM
To: Marty O'Boyle
Subject: Re: Sober Houses - Gulf Stream by Gordon Kraft
Mr. O'Boyle:
My wife has deleted her email, but said it came from the town as it was apparently a "public record email ".
By the way she doesn't get emails at Coldwell- Banker.
In your email you refer to a "smear campaign" and a desire to" right a wrong before it gets out of hand ".
You should know that the Town, the Gulf Stream Civic Association, and the Coalition for Preservation'
have been actively following the issue of sober houses ever since they started appearing in Delray Beach
in the last two years. When you sent your letter to Mr. Thrasher stating;
I have made a decision to forma company to acquire houses In Gulf Stream for use as
Sober Houses. I
intend to begin the Implementation of this program forthwith.
you should not be surprised that the Town would immediately alert all of the principles of those
organizations that something was happening in this arena. As far as a smear campaign is concerned, I
don't believe any smearing is taking place beyond the impact of your own comments as they relate to a
very sensitive issue in the minds of residents of this town.
You have indicated privately to me that you are still wrestling with the idea of going forward with the
proposal made to you. I would hope that you pass this opportunity up since going forward would likely
force people to focus on an issue which should be way down the list of
things that the Town needs to address.
F. Gordon Kraft
— Original Message —
From: Marty O'Boyle <mobovle0commerce- grouo.com>
To: F Gordon Kraft <siotgordon(a aol.com>
Sent: Mon, Jun 16, 2014 8:00 am
Subject: RE: Sober Houses - Gulf Stream by Gordon Kraft
Gordon — I did not see your email below until this am. I am very much pleased that we (it
appears at least) are now on a civil and \or friendly basis, for which I thank you.
Gordon, I know how this town operates and the dirty tricks they are capable of. I seen it during
the campaign when 167 of my signs disappeared from sight and the nasty rumors were on the
move. Since it was a campaign, I looked the other way.
Now, however, the campaign is over. Yes, I did send the letter to Mr. Thrasher (a man who I
think should be terminated), That course of action was approved by then Mayor Orthwein and
further approved or witnessed by George Elmore, Tom Laydani, Skip Randolph (the town
lawyer) and others. Unfortunately, the then Mayor was not being honest with us.
Gordon, I can't let this rest, Smear campaigns have to be dealt with (nipped in the bud quickly)
or they won't stop. In fact they will grow.
I assume your wife was one of the "in crowd" who was chosen to participate ". I have never met
her, but my sense is that she is not a bad lady.
I know she has what I am looking for and I will keep it confidential. Surely she knows which
email account *(personaI or Caldwell Banker) she received the letter from; and likely knows from
specifically whom she received it. All I want to do is to right a wrong before it gets further out of
hand, I really don't want to have out IT people contact Caldwell Banker and ask for their
Metafile. I would rather handle it internally between us.
If you would like to have a coffee sometime soon, I would like that. But I reiterate, I must get to
the core here.
PS: It appears you are from Pittsburg where we own property all over (from South Hills to
Monroeville to Greensburg, etc). No Sober houses there or anywhere else.
I'll wait to hear from you. Thank you
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954 - 570 -3505
Fax: 954 - 360 -0807
Cell: 561 213 3486
E -mail: moboyleta'Dcommerce- aroup.com
Web Page: www.commerce- aroup.com
From: F Gordon Kraft fmailto:sIotgordon(a),aol.caml
Sent: Sunday, June 15, 2014 10:55 PM
To: Marty O'Boyle
Subject: Re: Sober Houses - Gulf Stream by Gordon Kraft
Mr. O'Boyle:
Thank you for your reply. I appreciate your forthrightness
My wife deleted the copy of the letter, but I can only assume it was sent out by the town or someone in
the town leadership. I know this has been a concern of the Civic Association, so I'm certain they are
active in any efforts to limit proliferation of sober houses in the towri.
F. Gordon Kraft
Sent from my iPad
On Jun 15, 2014, at 6:25 PM, Marty O'Boyle <mobovle(g).commerce- group.com> wrote:
Gordon — I feel no obligation to respond. I am writing to you now voluntarily.
I have no intention of putting a sober house in Gulf Stream for reasons, inter alia,
I wouldn't have a clue on how to run one.
I was however approached by an out of state company that seems set on putting
sober houses in Gulf Stream and the surrounding areas (but only on the water in
Gulf Stream). For reasons unknown to me, they asked me to lead their charge.
They offered to pay me a very handsome sum. I am struggling with their offer
(whether to accept it or not). As I -said it is a ton of $$$ and I know if I don't take
it someone else will.
There is no one in Gulf Stream that could ever say I (including my office) inquired
in connection with the acquisition of their property for a sober house.
Turning the page, be assured that I don't want to sue you and have no plans to.
What you said about lawsuits is not correct, but the discussion is meaningless
because I don't (and never had) any intention of suing you.
Well, now I have told you everything (even though i,likely should not have). I did
it, since I wanted to put your mind at ease; and I hope I have. I repeat owning or
operating a sober house is nowhere on my agenda.
The above aside, I hope you understand that I must find out the genesis of the
letter your wife received via email. You see the issues that it is capable of stirring
up, We lived it yesterday and today.
If you would be kind enough to ask her to forward me the email and allow me to
avoid what you and I just went through that would be appreciated and (I think)
would be the right thing to do. If she refuses, if you would give me her email
address, that would be good so I could send her a no spoliation letter. My last
alternative would be to send a no spoliation letter to Caldwell Banker, which I do
not want to do. It would be my intention to not reveal what she sends me.
Let me know about Cuppy's intentions and let me know if you want any other
information from me. If-you do, give me a ring. I am easy to talk to
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954 - 570 -3505
Fax: 954- 360 -0807
Cell: 561 213 3486
E -mail: mobovle(o )commerce- grouo.com
Web Page: www.commerce- aroul).com
From: Gordon Kraft Imailto:slotoordon(@aol.com1
Sent: Sunday, June 15, 2014 4:38 PM
To: Marty O'Boyle
Subject: Re: Sober Houses - Gulf Stream by Gordon Kraft
Mr. O'Boyle:
I really don't have any information for you other than a copy of your letter to Mr. Thrasher,
which my wife received in an email from someone in Gulf Stream ( I don't know who).
As far as my paranoia is concerned, it is probably no different than that of any other
home owner in Gulf Stream. I am simply asking you for your motivation in pursuing this
effort. Apparently you have no intention to share this information.
I also am not too concerned about a lawsuit I believe that there is still a requirement in
this country for a basis for bringing a suit Asking a simple question seem to satisfy that
hurdle.
Don't feel any obligation to reply again.
F. Gordon Kraft
— Original Message- -
From: Marty O'Boyle <mobovle(o )commerce- orouo.com>
To: Gordon Kraft <slotoordon(a)aol.com>
Sent: Sun, Jun 15, 2014 12:18 pm
Subject: RE: Sober Houses - Gulf Stream by Gordon Kraft
Gordon – this "back and forth" is fun, but your paranoia is really quite sad. All I
Want is to protect the documents (electronic and otherwise) which you have re
me and \or sober houses from spoliation. There is an obvious undertow which
you clearly can't see or don't understand. As you have decided to carry the torch
by spreading unfounded allegations, all I ask is to prevent the documents from
spoliation, which I feel comfortable you will do.
Incidentally, please don't feel sorry for me as I am the happiest guy you don't
know.
If I had a high desire to sue you, I would have a process server at your home in
the am. Having said that, you need not worry, despite your paranoia, I have no
present desire to sue you. If that changes, I will call you and try to sit and talk the
issue (whatever that may be) out with you in an effort to avoid litigation. This is
the normal way that I deal with things.
Are you willing to share with me where you got the letter (and the other writings,
if any) and the content of any conversations surrounding the issues at hand?
I apologize for being brash with you, but your wild assertions are really
intolerable. I also remind you- about who started these reckless assertions. '
Why don't you call me and come clean. If you do, I think things will end and I
think you will see the light. If you don't and I hear your name as a person
spreading rumors about me, this will not end pretty.
I leave the decision up to you.
Have a good day. Be carefull
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954 - 570 -3505
Fax: 954- 360 -0807
Cell: 561 213 3486
E -mail: moboyletaDcommerce- aroug.com
Web Page: www.commerce- ciroui).com
From: Gordon Kraft Imailto:slotgordonQaol.coml
Sent: Sunday, June 15, 201411:56 AM
To: Marty O'Boyle
Subject: Re: Sober Houses - Gulf Stream by Gordon Kraft
Mr. O'Boyle:
I wondered how long It would be until you started to threaten lawsuits. That seems to be
your way of dealing with everything.
I actually feel sorry for you, as you seem to be a very sad person.
F. Gordon Kraft
— Original Message —
From: Marty O'Boyle <mobovle(o.commerce- grouo.com>
To: Gordon Kraft <slotgordon cDaol.com>
Cc: William Ring <wringnc.commerce- grouo.com>
Sent: Sun, Jun 15, 2014 8:01 am
Subject: RE: Sober Houses - Gulf Stream by Gordon Kraft
Mr. Kraft please see below. I thank you in advance for your faithful compliance.
If you wish to contact me or my counsel (954 570 3510), 1 urge you to do so. Of
course, if you are represented by counsel, you should have your counsel contact
Attorney Ring, You and I could always talk, but you have apparently determined
your interests are better served otherwise.
DEMAND FOR PRESERVATION OF INFORMATION (AS DEFINED BELOW)
Martin O'Boyle ( "O'Boyle ") does herein demand that you preserve all records and
documents, tangible things (including any documents or records (tangible or
intangible) provided to you either directly or indirectly by the Town of Gulf Stream,
its Manager or its Officials, including all records and documents and electronically
stored Information, including, without limitation, Information which is or may be
relevant to potential claims by O'Boyle (the "Information ") which claims may
include, interalia, claims for defamation or Computer Fraud and Abuse under 18
U.S.C. 1030.
You should anticipate that the Information maybe subjectto disclosure; or
responsive to discovery in future litigation. The Information sought includes the
Information stored on current and former computer systems and other media and
devices (including, without limitation, personal digital assistants, voice -
messaging systems, online repositories and cell phones)avallable to you.
Information should be afforded the broadest possible definition and includes
(by way of example and not as an exclusive list) Information electronically,
magneticallyand optically stored as:
Digital communications (e.g., e-mail, voice mail, instant messaging);
Word processed documents (e.g., Word or WordPerfect documents and drafts);
Spreadsheets and tables (e.g., Excel or Lotus 123 worksheets);
Accounting Application Data (e.g., QuickBooks, Money, Peachtree data files);
Image and Facsimile Files (e.g., .PDF, .TIFF,.lPG, .GIF Images);
Sound Recordings (e.g., .WAV and .MP3files);
• Video and Animation (e.g., .AVI and .MOV files);
• Databases (e.g., MySgl, Oracle, Access, MS SQL Server, SAP);
• Cellular Telephones, to include storage media (e.g., SO cards and micro SO
cards)
• Contact and Relationship Management Data (e.g., Outlook, ACT!);
• Calendar and Diary Application Data (e.g., Outlook PST, Yahoo, blog tools);
• Online Access Data (e.g., Temporary Internet Files, History, Cookies);
• Presentations (e.g., PowerPoint, Corel Presentations)
• ,Network Access and Server Activity Logs;
• Project Management Application Data;
• ComputerA!ded DesigniDrawing Files; and,
• Back Up and Archival Files (e.g., Zip, RAR, TAR, GZ, GHO)
Information resides not only In areas of electronic, magnetic and optical storage
media reasonably accessible to you, but also in areas you may deem not
reasonably accessible. You are obliged to preserve evidence from both these
sources of Information, even if you do not anticipate producing such Information.
The demand that you preserve both accessible and inaccessible Information that Is
reasonable and necessary. Pursuant to amendments to the Federal Rules of Civil
Procedure that have been approved by the United States Supreme Court, you must
Identify all sources of Information you decline to produce and demonstrate to the
court why such sources are not reasonably accessible.
For good cause shown, the court may then order production of the Information, even if
it finds that it is not reasonably accessible. Accordingly, even Information that you
deem reasonably inaccessible must bepreserved in the interim so as not to deprive a
claimant of its or their right to secure the evidence or the Court of its right to adjudicate
the issue.
Preservation
Requires
Immediate
Intervention
You must act immediately to preserve potentially relevant Information Including,
without limitation, Information with the earlier of a Created or Last Modified date on or
after March 3, 2014:
Adequate preservation of Information requires more than simply refraining from
efforts to destroy or dispose of such evidence. You must also intervene to prevent
loss due to routine operations and employ proper techniques and protocols suited to
protection of Information.
Be advised that sources of Information are altered and erased by continued use of
your computers and other devices.
Booting a drive, examining its contents or running any application will irretrievably
alter the evidence it contains and may constitute Unlawful Spoliation of Evidence.
Consequently, alteration and erasure may result from your failure to act diligently and
responsiblyto prevent loss or corruption of Information.
Nothing in this demandfor preservation of Information should be understood to
diminish your concurrent obligation to preserve document, tangible things and
otherpotentially relevant evidence.
Suspension of Routine Destruction
You are directed to immediately initiate a litigation hold for Information, , and to act
diligently and in good faith to secure and audit compliance with such litigation hold.
You are further directed to immediately identify and modify or suspend features of
your Information systems and devices that, in routine operation, operate to cause the
loss of Information. Examples of such features and operations include:
• Purging the contents of e-mail repositories by age, capacity or other criteria;
• Using data or media wiping, disposal, erasure or encryption utilities or devices;
• Overwriting, erasing, destroying or discarding back up media;
• Re- assigning, re- imaging or disposing of systems, servers, devices or media;
• Running antivirus or other programs effecting wholesale metadata alteration;
• Releasing or purging online storage repositories;
• Using metadata stripper utilities;
• Disabling server or 1 M logging; and,
• Executing drive or file defragmentation or compression programs.
Guard Against Deletion
You should anticipate that your employees, officers or others may seekto hide,
destroy or alter Information and act to prevent or guard against such actions.
Especially where company machines have been used for Internet access or personal
communications, you should anticipate that users may seek to delete or destroy
Information they regard as personal, confidential or embarrassing'and, in so doing,
may also delete or destroy Information. This concern is not one unique to you or
your employees and officers. It's simply an event that occurs with such regularity in
electronic discovery efforts that any custodian of Information and their counsel are
obliged to anticipate and guard against its occurrence.
Preservation by Imaging
You should take affirmative steps to prevent anyone with access to your data, systems
and archives from seeking to modify, destroy or hide electronic evidence on network or
local hard drives (such as by deleting or overwriting files, using data shredding and
overwriting applications, defragmentation, re- imaging or replacing drives, encryption,
compression, steganography or the like). With respect to local hard drives, one way to
protect existing data on local hard drives is by the creation and authentication of a
forensically qualified image of all sectors of the drive. Such a forensically qualified
duplicate may also be called a bit stream image or clone of the drive. Be advised that a
conventional back up of a hard drive is not a forensically qualified image because it
only captures active, unlocked data files and fails to preserve forensically significant
data that may exist in such areas as unallocated space, slack space and the swap file.
With respect to the hard drives and storage devices of each of the persons named
below and of each person acting in the capacity or holding the job title named below,
as well as each other person likely to have Information pertaining to the Instant action
on their computer hard drive(s), demand is made that you immediately obtain,
authenticate and preserve forensically qualified images of the hard drives in any
computer system (including
portable and home computers) used by that person during the period from March
3, 2014 to today, as well as recording and preserving the system time and date
of each such computer.
Once obtained, each such forensically qualified image should be labeled to identify
the date of acquisition, the person or entity acquiring the image and the system and
medium from which it was obtained. Each such image should be preserved without
alteration.
Preservation in Native Form
You should anticipate that certain Information will be sought in the form or forms in
which it is ordinarily maintained. Accordingly, you should preserve Information in such
native forms, and you should not select methods to preserve Information that remove
or degrade the ability to search your Information by electronic means or make it
difficult or burdensome to access or use the Information efficiently in the litigation.
You should additionally refrain from actions that shift Information from reasonably
accessible media and forms to less accessible media and forms if the effect of such
actions Is to make such Information not reasonably accessible
Metadata
You should further anticipate the need to disclose and produce system and
application metadata and act to preserve it. System metadata is Information
describing the history and characteristics of other Information. This Information is
typically associated with tracking or managing an electronic file and often includes
data reflecting a file's name, size, custodian, location and dates of creation and last
modification or access. Application metadata is Information automatically included or
embedded in electronic files butwhich may not be apparentto a user, including
deleted content, draft language, commentary, collaboration and distribution data and
dates of creation
and printing. Be advised that metadata maybe overwritten or corrupted by careless
handling or improper steps to
preserve Information.
For electronic mail, metadata includes all header routing data and Base 64 encoded
attachment data, in addition to the To, From, Subject, Received Date, CC and BCC
fields.
Servers
With respect to servers like those used to manage electronic mail (e.g., Microsoft
Exchange, Lotus Domino) or network storage (often called a user's "network share "),
the complete contents of each user's network share and a mail account should be
preserved. There are several ways to preserve the contents of a server depending
upon, e.g., its RAID configuration and whether it can be downed or must be online
2417. If you question whether the preservation method you pursue is one that we will
accept as sufficient, please call to discuss it.
Home Systems, Laptops, Online Accounts and Other Information Venues
Though we expect that you will act swiftlyto preserve data on office workstations and
servers, you should also determine if any home or portable systems may contain
potentially relevant data. To the extent that officers, board members or employees
have sent or received potentially relevant a -mails or created or reviewed potentially
relevant documents away from the office, you must preserve the contents of systems,
devices and media used for these purposes (including not only potentially relevant data
from portable and home computers, but also from portable thumb drives, CD -R disks
and the user's PDA, smart phone, voice mailbox or other forms of Information storage.).
Similarly, if employees, officers or board members used online or browser- based
email accounts or services (such as AOL, Gmail, Yahoo Mail or the like) to send or
receive potentially relevant messages and attachments, the contents of these account
mailboxes (including Sent, Deleted and Archived Message folders) should be
preserved.
Ancillary Preservation
You must preserve documents and other tangible items that may be required
to access, interpret or search Information, including logs, control sheets,
specifications, indices, naming protocols, file lists, network diagrams, flow
charts, instruction sheets, data entry forms, abbreviation keys, user ID and
password rosters or the like. You must preserve any passwords, keys or other
authenticators required to access encrypted files or run applications, along with
the installation disks, user manuals and license keys for applications required
to access the ESL You must preserve any cabling, drivers and hardware,
other than a standard 3.5" floppy disk drive or standard CD or DVD optical
disk drive, if needed to access or interpret media on which Information is
stored. This includes tape drives, bar code readers, Zip drives and other
legacy or proprietary devices.
Paper Preservation of Information is Inadequate
As hard copies do not preserve electronic searchability ormetadate, they are not an
adequate substitute for, or cumulative of,- electronically stored versions. If Information
exists in both electronic and paper forms, you should preserve both forms.
Agents, Attorneys and Third Parties Your preservation obligation extends beyond
Information in your care, possession or custody and includes Information in the
custody of others that is subject to your direction or control. Accordingly, you must
notify any current or former agent, attorney, employee, custodian or contractor in
possession of potentially relevant Information to preserve such Information to the full
extent of your obligation to do so, and you must take reasonable steps to secure their
compliance,
System Sequestration or Forensically Sound Imaging
We suggest that, with respect to Mod 1, Mod 616 and Mod 680, removing those
Information systems, media and devices from service and properly sequestering
and protecting them maybe an appropriate and cost effective preservation step.
In the event you deem it impractical to sequester systems, media and devices, we
believe that the breadth of preservation required, coupled with the modest number of
systems implicated, dictates that forensically sound imaging of the systems, media
and devices is expedient and cost effective. As we anticipate the need for forensic
examination of one or more of the systems and the presence of relevant evidence in
forensically accessible areas of the drives, we demand that you employ forensically
sound Information preservation methods. Failure to use such methods poses a
significant threat of spoliation and data loss.
By "forensically sound," we mean duplication, for purposes of preservati on, of all data
stored on the evidence media while employing a proper chain of custody and using
tools and methods that make no changes to the evidence and support authentication
of the duplicate as a true and complete bit - for -bit image ofthe original. A forensically
sound preservation method guards against changes to metadata evidence and
preserves all parts of the electronic evidence, including in the so- called 'unallocated
clusters," holding deleted files.
Preservation Protocols
We are desirous of working with you to agree upon an acceptable protocol for
forensically sound preservation of media to be preserved. Promptly disclose the
preservation protocol you intend to employ. A successful and compliant Information
preservation effort requires expertise. If you do not currently have such expertise at
your disposal, we urge you to engage the services of an expert in electronic evidence
and computer forensics.
Do Not Delay Preservation
I'm available to discuss reasonable preservation steps; however, you should not defer
preservation steps pending such discussions if Information may be lost or corrupted as
a consequence of delay. Should your Failure to preserve potentially relevant evidence
result in the corruption, loss or delay in production of evidence to which we will be
entitled, such Failure would constitute Spoliation of Evidence, and we will not hesitate
to seek sanctions.
Confirmation of Compliance
Please confirm by 5:00 p.m. on Friday, June 13, 2014, that you have taken the steps
outlined in this letter to preserve Information and tangible documents potentially
relevant to O'Boyle. Please also confirm that you have notified Mod 1, Mod 616 and
Mod 680.
Respectfully,
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deertield Beach, Fl. 33442
Direct Dial: 954 -570 -3505
Fax: 954 - 360 -0807
Cell: 561 213 3486
E -mail: moboyleta'�commerce- groug.com
Web Page: www.commerce- group.com
From: Marty O'Boyle
Sent: Sunday, June 15, 2014 7:12 AM
To: 'Gordon Kraft'
Subject: RE: Sober Houses - Gulf Stream by Gordon Kraft
Mr. Kraft 2 short things:
1 You remain misinformed. You obviously have the Commerce
Group, Inc. letter to Mr. Thrasher. But has he told you what the
letter says when you "non the hood "? I'm guessing no.
2 As you know, I did not win the election. Apparently the "click"
thought I was best off left to "march to the beat of my own drum ". I
accept that; and I intend to oblige them. Incidentally, when I woke up
this morning I was in America (the land of the free; and a land of
laws). If you or anyone else feel they have a cause of action against
me, of course you are free to institute. Remembering, of course, that
it ':cuts both ways ".
As far as your diatribes, they are nonsensical and not worthy of response, nor
are your magical, mythical and delusional statements.
The above aside, I wish you well. My only regret is your lack (in my opinion) of
manlihood. An apparent decision you made, which I don't think will serve you
well. Usually, such conduct is followed by one hiding behind his mother's or
wife's dress. A Sad commentary.
PS: Feedback from newspapers cannot be relied upon. I guess you have not
learned that yet.
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954 - 570 -3505
Fax: 954 - 360 -0807
Cell: 561 213 3486
E -mail: moboyle @commerce- grouo.com
Web Page; www.commerce- aroul2.com
From: Gordon Kraft rmailto:slotoordon(a)aol.coml
Sent: Saturday, June 14, 2014 8:53 PM
To: Marty O'Boyle
Subject: Re: Sober Houses - Gulf Stream
Mr. O'Boyle:
I have no interest in talking to you.
The "misinformation" you refer to is a copy of your letter to Mr. Thrasher. It appears to be
a typical challenge from you for the Town to try and block your efforts to put sober
houses in the community. As I understand it, sober houses are protected by federal law,
so the town doesn't really have much basis to challenge your efforts. Several groups in
Gulf Stream have made it clear that they do not feel theywould be beneficial to property
values, however, and might bring people with questionable character into our town.
Apparently sober houses can generate revenue for the people running them, and I can
understand an outside interest moving forward without any regard for the citizens In the
target community. When a resident of the town says he Is going to do it, particularly one
who was supposedly running for mayor to make the town a better place, it seems like
vindictiveness and payback more than anything.
I don't have to talk to you on the phone to have you explain your motivations. You say I
have made allegations. This is really not the case. I am merely asking you why you feel
obliged to do something that the majority of people in Gulf Stream don't want. If you just
need the money, and don't really care what your neighbors think or want, then that is an
answer.
If you can not express yourself In an email, I'll just wait for feedback from the town and
the Coastal Star. As far as that drivel about being a man, I wont bother to address it
F. Gordon Kraft
— Original Message —
From: Marty O'Boyle <mobovle(&commerce- orouo.com>
To: Gordon Kraft <slotcorrlon c�aol.com>
Sent: Sat, Jun 14, 2014 1:52 pm
Subject: RE: Sober Houses - Gulf Stream
Mr. Kraft — your email was not well received.
You're clearly misinformed, I assume this mis- information was given to you with
purpose (to start or be a part of a mythical swear campaign) ... a purpose such as
to provoke an email as you have sent below. It appears they have successfully
"sucked you in ".
My mother taught me an old saying which went something like this: 'Those who
allege must prove ". That Saying would apply to you.
So I ask that you be a man and act like a man. You may call me and discuss it
with me at any time you wish. You are not, however, permitted to make
unsubstantiated allegations against me (which I assume emanated from the
Town Hall). Men confront issues. Sissy's hide out behind emails and make
unsubstantiated allegations. Which are you ?.
I hope I am properly calling you a man. Consequently, I await your phone call.
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954 - 570 -3505
Fax: 954 - 360 -0807
Cell: 561 213 3486
E -mail: mobo le(cDcommerce- grouo.com
Web Page: www.commerce- oroui2.com
From: Gordon Kraft fmailto:slotoordon n(,aol.coml
Sent: Saturday, June 14, 2014 1:29 PM
To: Marty O'Boyle
Subject: Sober Houses
Mr. O'Boyle:
I am interested in knowing why you are doing this. I can't believe you need the money, so
it sounds as though it is merely another attempt to get back at the Town for perceived
wrongs against you. After running for office and espousing a platform to improve the Gulf
Stream community, you now seek to advance an endeavor which has been proven to
reduce propertyvalues in a town. This seems to be a direct contradiction of your recent
campaign rhetoric.
If you just have an altruistic interest in helping Individuals afflicted with various addictions,
why don't you start with the house next door to yours, as I understand it is still on the
market. If that works out for you, then maybe you could expand your efforts to ruin values
in other areas of the town.
Sincerely,
F. Gordon Kraft
Exhibit F
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via email
June 19, 2014
Martin E. O'Boyle [mailto: records @commerce- group.com]
Re: PRR 590
Please provide a copy of all public records, including E -Mails and other communications,
pursuant to which the attached letter was disseminated.
Dear Martin E. O'Boyle [mailto: records @commerce- group.com]
This letter is attached to an email that provides you with the full responsive production of the
public records requested in your email dated June 17, 2014. This correspondence is reproduced
below for your convenience.
Please open the attached files, which includes the documents that are responsive to your request.
The memo was attached to the letter in question (reproduced below) and hand delivered to the
Commissioners. There were also 2 public records requests from unknown recipients that asked
for the letter, however these requests were made in person verbally.
Unless we hear back from you, we consider this matter closed.
Sincerely,
Town Clerk
Custodian of the Records
The Town's acknowledgement of the above Public Records Request dated June 17 2014 is reproduced
In the space below:
RECORDS REQUST (the -Request-)
Dale offtewesc 61174
Requeetor's RequegWk 590
REQII= - Custodian of Records Town of Gulf Stream
REQ,T—:SIoIL- Martin E. O'Boyle
REQUESrOR'S CONTACrWO- MfAMtON: E-Mac tecocd,@comme gmup.com
Fa= 934- 36D -OSM Addrmt: LSO WestNv 'portCeaiwDm+e,Due BOdBeacb,FL 334:2
REQTrrsr: Please provide a copy of all public records
including E -Mails and other communications
pursuant to which the attached letter was disseminated.
?DDiZO?i "f Du'FOL�txIION i.EG_- _.D?IG P.'cQLiST:
THIS REQLFSLIS- bLADEPURSf &NTTO PUBLIC RECORDS ACT,
CHAPTER 119 OF THE FLORIDA STATUTES AND 15 ALSO REQUESTED L VDERT$E
COMUOT LAWRIGHTTO INOW, THE COlWON LAW, RIGHT OF ACCESS; .LND
AA'I STATUTORI RIGHT TO KNOW (BNCLUDLNG, MTiHOLTLLNIII'ATION ANX
STATLTORYRIGHrOF ACCESS, AS3YPLIC_ BIE). THIS REQUEST ISAL50AL9DE
PLRSQ3IT TO THE RIGHTS OF THE REQUESTOR PROVIDED I,N THE FLORIDA
CONSTITUTION.
IT ISREOUESTED THAT THIS RE 0RDS REOUEST BE nMEMLED INELECLROITC
FORbL IFTOT3Z -AII_ nTF�FT.FCTROIICFORKITISREOUFSTED TELATTHIS
RECORDS REOTTST BE FGLnulD ON 11 X 1- PAPER. NOTZz Ln ALL C-ISES rGN7LE
IIJPOSSIBM THE COPIES SHOULD BE TWO SIDED AID SHOULD BEBMLED E
ACCORDi10E WITH Section 119.07(4) r) fD -
-ALL ELECTRONIC COPIES ARE UOVESTQ TO BE SEIZ'BI b atr nEM-HE
PLEASEPROTIDE THE APPRolmL -ATE COSTS (IF .MN 11 To nrr,Frrr_ TES PUBLIC
RECORDS REQUEST L\ ADVANCE.
It mill be required that the Regnestor approre of any costs, asserted by the Aven7{as dermed in
Florida Sfilviq Chapkr ]19.01 {De£midom)), in adraace of nnT mats imposed to the Regaestor by
the Agency:
Bps- PAr3E
0?1M FOEM
COMMERCE GROUP
mobovl02 commerce -erouo com
June 6, 2014 Direct Dial Telephone #954 -570 -3505
VIA E -MAIL: bthrasherna,auN- stream.ore
TELEPHONE #561 - 276 -5116
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attn: William H. Thrasher, Town Manager
Re: Proposed Sober House(s), Gulf Stream, Florida
Dear Mr. Thrasher
I hope this letter finds you well.
I have made a decision to form a company to acquire houses in Gulf
Stream for use as Sober Houses. I intend to begin the implementation of
this program forthwith.
I write you this letter to confirm that there would be no approvals or
Permits required from the municipality for the use' of a Sober House.
I anxiously await your confirmation; or an explanation as to what
permits and /or approvals are necessary to use a house in Gulf Stream
for a Sober House
Again, I remind you, that it is our intention to move forward in a rapid
fashion. Consequently, we would intend to hold the Town of Gulf Stream
1 Of course, this would exclude any required permits for construction and other
improvements.
W W W.commerce- group.com
TEL 954.360.7713 . FAX 954.360.0807
1280 WE6T NEWPORT CENTER DRIVE. DEERRELO BEACH, FLORIDA 33442
William H. Thrasher, Town Manager
June 6, 2014
Page 2
accountable for any damages which we incurred as a result of purposeful
delays.
Sincerely yours,
COMMERCE GROUP, INC.
Martin E. O'B16yle
President
cc: William F. Ring, Jr., Esquire — E -Mail
P /NPR /SOBERHOUSESGULFSTREAM
Marty O'Boyle
From: Bill Thrasher <bthrasher @gulf - stream.org>
Sent: Wednesday, June 11, 2014 3:55 PM
To: rsweetapple @sweetapplelaw.com
Subject: FW: O'Boyle Letter regarding Proposed Sober House(s), Gulf Stream, FL
Attachments: William Thrasher 06.06.14.pdf
Mr. Sweetapple,
I am forwarding this for your records.
Thanks,
Bill Thrasher
From: Brenda Russell [mailto:brusseil(@commerce-group.com
Sent: Friday, June 06, 2014 9:40 AM
To: Bill Thrasher
Cc: William Ring; Marty O'Boyle
Subject: O'Boyle Letter regarding Proposed Sober House(s), Gulf Stream, FL
Please see attached letter.
Brenda A. Russell
Executive Assistant
Office of Martin E. O'Boyle
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
Direct Dial #954 -570 -3513
Fax #954- 360 -0807
Main #954- 360 -7713
brusseil(@commerce-groul3.com
INTER - OFFICE MEMORANDUM
1`7
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN MANAGER
WILLIAM H. THRASHER
DATE: June 9, 2014
TO: Mayor Morgan and Town Commissioners
RE: Recent Communications from Mt. O'Boyle
To help you stay informed.of changing events that could affect the Town, I am attaching copies of two
emails that I have recently received from Mr. O'Boyle. If you have any questions or comments about
either of these emails, please call. me at your convenience.
Exhibit G
INTER- OFFICE MEMORANDUM
0
TOWN OF GULF STREAM, FLORIDA
OFFICE OF TEE TOWN MANAGER
WILLIAM H. TERASEER
DATE: June 9, 2014
TO: Mayor Moran and Toxin Conuuissioners
RE: Recent Communications from Mr. O'Boyle
To help you stay informed of changing events that could affect the Town, I am attaching copies of two
emails that I have recently received from Mr. O'Boyle. If you have any questions or continents about
either of these emails, please call me at your convenience.
Exhibit H
From:
Bill Thrasher <bthaasher @gulf - stream.org>
Sent:
Wednesday, June 11, 2014 3:55 PM
To:
rsweetapple @sweetapplelaw.com
Subject:
FW: O'Boyle Letter regarding Proposed Sober House(s), Gulf Stream, FL
Attachments:
William Thrasher06.06.14.pdf
Mr. Sweetapple,
I am forwarding this for your records.
Thanks,
Bill Thrasher
From: Brenda Russell f mailto :brussell(uDcommerce- erouo.coml
Sent: Friday, June 06, 2014 9:40 AM
To: Bill Thrasher
Cc: William Ring; Marty O'Boyle
Subject: O'Boyle Letter regarding Proposed Sober House(s), Gulf Stream, FL
Please see attached letter.
Brenda A. Russell
Executive Assistant
Office of Martin E. O'Boyle
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
Direct Dial #9S4-570-3513
Fax #954- 360 -0807
Main #954- 360 -7713
brussell2commerce -grouo corn